The absence of Justice Gabriel Kolawole on Friday stalled ruling in an application filed by the All Progressives Congress at the Federal High Court in Abuja.
The APC had applied for an order of mandamus compelling the Inspector-General of Police, Mohammed Abubakar, to prosecute the Anambra State governor-elect, Willie Obiano, for alleged double registration.
Obiano contested the November 16, 2013 poll as an APGA candidate, and was declared winner by the Independent National Electoral Commission.
After preliminary proceedings, Kolawole had on January 21 fixed ruling in the matter for Friday.
But the case could not go on because he was absent in court.
The court then fixed February 3 for ruling in the matter.
Joined in the application are INEC and the Inspector-General of Police as the first and second respondents.
The APC, in the ex parte application, prayed the court to grant it leave to apply for the order to compel the respondents to arrest and prosecute Obiano.
The party had said Obiano should be punished for allegedly registering twice as a voter.
The offence, according to the applicant, contravenes the provisions of Section 12 (2) of the Electoral Act 2010 and sections 4 and 23 of the Police Act, Cap P19 LFN, 2004.
John Ainetor, APC’s counsel, told the court that the applicant had written a letter dated November 12, 2013 to the first and second respondents about the matter.
He said the letter had informed the respondents of the facts and evidence of Obiano’s offence.
Ainetor submitted that the respondents “ignored, neglected and failed to prosecute Obiano upon the facts of multiple voter registration”.
He also tendered documents to claim that the governor-elect had earlier registered as a voter in Ifako/Soluyi Ward 2, Polling Unit 060, Kosofe LGA, Lagos on August 21, 2013.
Ainetor alleged that the governor-elect registered again on September 3, 2013 in Anambra State.